People v. Gonzalez

Opinion

WERDEGAR, J.

In this case we are asked to decide whether a defendant may, consistently with Penal Code section 954, 1 be convicted of both oral copulation of an unconscious person (§ 288a, subd. (f)) and oral copulation of an intoxicated person (id., subd. (i)) based on the same act. The Court of Appeal understood our decision in People v. Craig (1941) 17 Cal.2d 453 [110 P.2d 403] (Craig) as precluding multiple convictions in these circumstances and vacated defendant’s conviction for oral copulation of an intoxicated person. We conclude that Craig is distinguishable, the two statutory…